Losing a loved one is devastating under any circumstance, but when the death is caused by someone else’s negligence or reckless actions, the loss is even harder to accept. Georgia law allows surviving family members to pursue a wrongful death claim to recover financial compensation and hold the responsible party accountable. Understanding who can file a claim—and what qualifies as a “wrongful” death—is an important step in protecting your family’s rights.

Rowsey & Stelter, Attorneys at Law, proudly represents grieving families throughout Roswell, North Fulton, and the greater Atlanta area with compassionate, experienced legal guidance.

What Is Considered a Wrongful Death in Georgia?

Under Georgia Code § 51-4, a death is considered “wrongful” when it results from:

• Negligence
• Reckless or careless actions
• Intentional misconduct
• A defective product
• Medical malpractice
• Criminal acts

In other words, a wrongful death claim arises when the victim would have had the right to file a personal injury lawsuit had they survived. Because they cannot bring that claim themselves, the law permits eligible family members to file on their behalf.

Some of the most common causes of wrongful death in Georgia include:

• Car, motorcycle, and truck accidents
• Drunk driving crashes
• Unsafe property conditions
• Workplace accidents
• Medical negligence
• Violent acts
• Dangerous consumer products

The Georgia Department of Public Health reports that unintentional injuries are the 4th leading cause of death in the state, highlighting how often preventable tragedies occur.

Who Can File a Wrongful Death Claim?

Georgia law is specific about who is allowed to file a wrongful death lawsuit and in what order of priority.

1. The Surviving Spouse

The first person legally entitled to file is the surviving spouse. If there are minor children, the spouse also represents their interests and must share the recovery with them.

However, the spouse is always entitled to at least one-third of the total compensation, regardless of the number of children.

2. The Children (if no spouse)

If the deceased had no surviving spouse, the children may file the wrongful death claim directly.

3. The Parents

If the deceased had no spouse or children, one or both parents may file the claim. In Georgia, both biological and adoptive parents may be eligible depending on legal circumstances.

4. The Estate Representative

If none of the above family members exist, the executor or administrator of the estate may file the claim. In this case, damages recovered go to the estate and are distributed to the next of kin.

This legal structure ensures that the closest surviving family members have the first right to bring a claim.

Who Can Be Held Liable for Wrongful Death?

Liability depends on the circumstances of the death. Potentially responsible parties in Georgia may include:

• Negligent drivers
• Drunk or distracted drivers
• Business owners who failed to maintain safe premises
• Employers who did not enforce safety protocols
• Medical providers who committed malpractice
• Manufacturers of defective products
• Individuals who committed intentional harm

For example, if a loved one was killed in a crash caused by a drunk driver on GA-400 or Holcomb Bridge Road—both known high-traffic areas in Roswell—both the driver and, in some cases, the establishment that overserved them may be liable under Georgia dram shop laws.

What Damages Can Be Recovered?

Wrongful death claims seek compensation for the “full value of the life” of the deceased, which includes:

• Economic Value
• Lost income and benefits
• Loss of future earning potential
• Services the person would have provided (childcare, home care, etc.)
• Intangible Value
• Loss of companionship
• Loss of care and guidance
• Emotional impact on surviving family members

A separate estate claim may also be filed for medical expenses, funeral costs, and pain suffered by the deceased prior to death.

Why You Need Legal Representation

Wrongful death cases in Georgia are complex, often involving insurers, corporations, hospitals, or multiple defendants. Families are already managing profound grief—navigating legal procedures adds unnecessary stress.

Rowsey & Stelter helps families by:

• Investigating the cause of death
• Identifying all liable parties
• Preserving evidence
• Calculating lifetime financial losses
• Negotiating with insurance companies
• Filing and managing the lawsuit
• Fighting for justice in court when necessary

We understand the emotional weight of these cases and work with compassion and dedication to secure the compensation your family deserves.

You Don’t Have to Face This Alone

If you lost a loved one due to negligence or wrongful actions in Roswell, North Fulton, or anywhere in Georgia, you may be entitled to pursue a wrongful death claim. Taking legal action won’t bring your loved one back, but it can protect your family’s future and hold the responsible party accountable.

Contact Rowsey & Stelter, Attorneys at Law, today to schedule a confidential consultation. We’re here to support your family every step of the way.